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Noem Introduces Bills That Set Up Legal Funds Against Pipeline 'Riots'

Governor Kristi Noem is introducing two bills that create separate funds that address any issues that may arise in the event of actions against the Keystone XL pipeline.

One fund sets up a litigation cost fund for the state and counties, while another will get used to bring suits against those who participate in or fund “riots.”

Governor Noem is releasing these two bills during the last full week of legislative session, and 17 working days after the deadline for bill introduction after the senate amended the rules.

One bill sets up the PEACE fund, which requires a pipeline company to set up a bond of no more than $20 million dollars per project. The state and counties can request claims from that fund to help pay administrative costs in relation to charges brought during pipeline construction.

The other sets up a fund that targets those who participate in or fund “riots.” Noem says she considers actions against the Dakota Access Pipeline in 2016 as riots.

Noem says this approach to dealing with pipeline construction has not happened anywhere in the nation, before.

“This next generation pipeline construction model was developed to directly address issues caused by out-of-state rioters funded by out-of-state interests that have attacked nearby projects.”

Noem says this legislative package comes after her office met with TransCanada—the company building the Keystone XL pipeline… as well as law enforcement and lawmakers. The state’s tribes were not consulted on this legislation. Governor Noem says the bill drafts were finalized this weekend and she’s looking forward to tribal feedback now that the bills are public.

Rebecca Terk is a lobbyist with Dakota Rural Action. She says the bills are troubling.

“Clearly, these bills are aimed at undermining any kind of dissent or even threatening protected speech, protest, which is covered under the first amendment," Terk says.

Terk says dropping two brand new bills the last week of session is at odds with the Noem administrations’ pledge of openness and transparency in government.

Thursday is the last day for bills to pass out of either legislative chamber.  

Session ends March 13.